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HomeMy WebLinkAbout10-18-12 Regular Meeting, Public Hearing and Workshop of the La Porte Planning and Zoning CommissionPlanning and Zoning Commission Minutes of October 18, 2012 Commissioners Present: Richard Warren, Helen LaCour, Phillip Hoot, Mark Follis, and Doretta Finch Commissioners Absent: Hal Lawler, Danny Earp, Les Bird, and Lou Ann Martin City Staff Present: Assistant City Manager Traci Leach, Planning Director Tim Tietjens, City Planner Masood Malik, City Engineer Julian Garza, Assistant City Attorney Clark Askins, and Office Coordinator Peggy Lee Others Present: 1. Call to order. Ron Cox and Larry Haller Meeting called to order by Acting Chairman Warren at 6:01 p.m. 2. Roll Call of Members. Commission Members verbally indicated their attendance. Commissioners Martin, Bird, Vice - Chairman Earp and Chairman Lawler were not present for the meeting. 3. Consider approval of September 20, 2012, meeting minutes. Motion by Commissioner Hoot to approve the September 20, 2012, meeting minutes. Second by Commissioner LaCour. Motion carried. Ayes: Commissioners Warren, LaCour, Hoot, Follis, and Finch Nays: None 4. Open Public Hearing to receive input regarding proposed regulations to allow Accessory Structures without associated Primary Use or Structure in the Large Lot Residential Zoning District. Acting Chairman Warren opened the public hearing at 6:04 p.m. A. Staff Presentation At the direction of City Council, City staff researched the possibility of permitting accessory structures without a primary residential structure within the Large Lot District. City Planner Masood Malik presented the staff report with a recommendation for changes to the Code of Ordinances, which would allow such structures as a conditional use. Planning and Zoning Commission Minutes of October 18, 2012 Page 2 of 4 For clarification and for consistency, Assistant City Attorney Clark Askins suggested the definition for accessory structure proposed by staff include noncommercial toolhouses, barns, sheds, and storage buildings (associated with residence) as shown in other sections of the ordinance. Mr. Askins also noted that as written, this would only apply to tracts one acre or larger in size in the Large Lot District. Commissioner Follis suggested removing the requirement for a special conditional use permit, adding a requirement for a restroom in the structure, and reviewing the language in Ordinance 620, which requires building materials to be similar to the primary structure. B. Proponents There were no proponents. C. Opponents There were no opponents. D. Proponents Rebuttal There were none. S. Close Public Hearing Acting Chairman Warren closed the public hearing at 6:30 p.m. 6. Consider recommendation to City Council regarding amendments to Chapter 106 "Zoning" of the Code of Ordinances, for the purpose of enacting regulations for Accessory Structures without requirement for associated Primary Use or Structure in the Large Lot Residential Zoning District. Motion by Commissioner Hoot to re -open the public hearing under Agenda Item #4. Second by Commissioner Follis. Motion Carried. Ayes: Commissioners Warren, LaCour, Hoot, Follis, and Finch Nays: None Staff stated reasons for recommending a conditional approval process. The Commission directed staff to: • firm up the definition of an accessory structure; • make it clear these regulations would only be applicable for tracts one acre or larger in size in the Large Lot District; • remove the requirement for a special conditional use permit; and Planning and Zoning Commission Minutes of October 18, 2012 Page 3 of 4 • add a statement to the applicant paperwork advising that only non-commercial accessory uses are allowed. Motion by Commissioner Hoot to table the public hearing until November 15, 2012, at 6:00 p.m. Second by Commissioner Follis. Motion carried. Ayes: Commissioners Warren, LaCour, Hoot, Follis, and Finch Nays: None 7. Open Workshop to discuss proposed regulations for Dust Free Surface criteria for properties within the City of La Porte. Acting Chairman Warren opened the workshop at 6:52 p.m. City Engineer Julian Garza presented the staff report. City Council has received concerns about the City's dust free surface criteria, more specifically, from business owners in the business industrial areas regarding the application of products considered to be dust free by policy, but not in accordance with the various ordinances which regulate surfaces. There have also been requests from citizens in residential areas to use millings for driveway surfaces, which are not clearly defined as dust free. Mr. Garza reviewed a table that was developed, which lists existing and proposed dust free ordinance conditions and options for the Commission's consideration. Larry Haller, from the audience, discussed with staff and the Commission, his concerns about the surfacing material installed on his neighbor, Gus Brieden's property. He stated it was simply an environmental product applied to some rocks. Mr. Haller continues to have dust problems originating from Mr. Brieden's property. The Commission discussed the different types of applications being utilized around town. It was suggested that a column be added to the options table to include a one -course inverse penetration (chip seal) surface. At the suggestion of Planning Director Tim Tietjens, the Commission formed a subcommittee to work with staff to analyze the criteria and provide a recommendation for dust free surfacing. Commissioners Hoot and Follis and possibly Commissioners Earp, Bird, and Chairman Lawler will serve on the subcommittee. 8. Administrative Reports There were no Administrative Reports. Planning and Zoning Commission Minutes of October 18, 2012 Page 4 of 4 9. Commission Comments on matters appearing on agenda or inquiry of staff regarding specific factual information or existing policy. Commissioner Finch expressed appreciation to the Commission for their work on accessory structures in the Large Lot District. Commissioner LaCour thanked Commissioners Hoot and Follis for serving on the subcommittee for dust free surfaces. Commissioner Hoot, at a future meeting, would like to discuss protocol concerning items being presented to City Council prior to Commission review, and protocol pertaining to the landfill issue. Commissioner Hoot was pleased the accessory structure item was tabled and he spoke briefly about the ongoing Planning Department audit interviews. Commissioner Follis stated the Commission needs to review the Zoning Ordinance, Chapter 106 of the Code of Ordinances, in its entirety. Acting Chairman Warren thanked everyone for their input and for attending the meeting. 10. Adjourn Motion by Commissioner LaCour to adjourn. Second by Commissioner Hoot. Motion carried. Ayes: Commissioners Warren, LaCour, Hoot, Follis, and Finch Nays: None Acting Chairman Warren adjourned the meeting at 7:55 p.m. Respectfully submitted, Peggy Lee Secretary, Planning and Zoning Commission Passed and Approved on November 15, 2012. Hal Lawler Chairman, Planning and Zoning Commission